BILL NUMBER: AB 1039 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Aroner
FEBRUARY 25, 1999
An act to amend Sections 11322.8, 11324.8, 11325.21, 11325.23, and
11477.02 of, and to add Section 11322.95 to, the Welfare and
Institutions Code, relating to human services.
LEGISLATIVE COUNSEL'S DIGEST
AB 1039, as introduced, Aroner. CalWORKs program.
Existing federal law provides for allocation of federal funds
through the federal Temporary Assistance for Needy Families (TANF)
block grant program to eligible states. Existing law provides for
the CalWORKs program for the allocation of federal funds received
through the TANF program, under which each county provides cash
assistance and other benefits to qualified low-income families.
Existing law requires, as a condition of receipt of aid benefits
under the CalWORKs program, that the recipient participate in certain
welfare-to-work activities, and requires that an adult participant
in a one-parent household shall participate in welfare-to-work
activities for a specified number of hours each week, unless
otherwise exempt.
Under existing law, a parent or caretaker relative is not eligible
to receive aid under the CalWORKs program for a cumulative period of
more than 18 months, or in certain cases, 24 months, after the
individual signs, or refuses, without good cause, to sign a
welfare-to-work plan, unless it is certified by the county that there
is no job currently available for the recipient and the recipient
participates in community service activities.
Existing law provides that counties may provide for community
service activities for individuals who have not completed that period
and who are not employed in unsubsidized employment, sufficient to
meet the required minimum number of hours of participation in
welfare-to-work activities.
This bill would authorize counties to provide community service
activities through wage-based employment, subject to certain
conditions.
Existing law requires that any individual who is required to
participate in welfare-to-work activities under the CalWORKs program
must enter into a written welfare-to-work plan with the county
welfare department after assessment, and requires that the plan shall
include the activities and services that will move the individual
into employment.
Existing law provides that an applicant for, or a recipient of,
aid under the CalWORKs program who is dissatisfied with the
provisions of the welfare-to-work plan may seek redress through the
independent assessment process or the state hearing or county
grievance process.
This bill would require that at the time an individual applies for
aid under this chapter, or at the time a recipient's eligibility for
aid is determined, the county shall provide the individual, in
writing and orally as necessary, with certain program information,
including a description of the right of the applicant or recipient to
contest the terms of the welfare-to-work plan.
Existing law requires, as a condition of receiving aid under the
CalWORKs program, that the recipient participate in certain
welfare-to-work activities, but specifies that any student who, at
the time he or she is required to participate is enrolled in any
undergraduate degree or certificate program that leads to employment
may continue in that program for a limited period if he or she is
making satisfactory progress in that program if the county determines
that continuing in the program is likely to lead to self-supporting
employment for that recipient, and the welfare-to-work plan reflects
that determination.
Existing law also requires that if participation in educational or
vocational training, as determined by the number of hours required
for classroom, laboratory, or internship activities, is not at least
32 hours, the county shall require concurrent participation in work
activities.
This bill would revise that requirement to require that the number
of hours required in educational or vocational training include
attendance at or preparation for those activities, and would specify
that preparation time shall be presumed to be 2 hours for each hour
of instruction. The bill would also expand the scope of activities
in which a participant whose educational or training activities do
not meet the 32-hour limitations may be required by the county to
participate in concurrently.
This bill would also provide that if an individual is enrolled in
an education or training program at the time he or she is required to
participate in the welfare-to-work activities and the county
determines that his or her welfare-to-work plan should contain other
activities instead of the education or training program, the county
shall notify him or her in writing of its determination and inform
him or her of the right to appeal the decision, and would declare
that provision is declaratory of existing law.
By expanding the duties of counties in the administration of the
welfare-to-work activities under the CalWORKs program this bill would
result in a state-mandated local program.
Existing law requires recipients of benefits under the CalWORKs
program to cooperate with the district attorney in the determination
of paternity for purposes of collecting child support, and if the
parent is determined not to have cooperated, the applicant's or
recipient's family grant is required to be reduced by 25% during the
period of noncooperation and requires that child support services for
the noncooperating individual be suspended.
This bill would include applicants, recipients, and former
recipients with welfare arrearages within the scope of that
requirement.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 11322.8 of the Welfare and Institutions Code is
amended to read:
11322.8. (a) Unless otherwise exempt, and except as provided
in Section 11322.95, an adult recipient in a one-parent
assistance unit shall participate in welfare-to-work activities for
20 hours each week beginning January 1, 1998, 26 hours each week
beginning July 1, 1998, and 32 hours each week beginning July 1,
1999, and thereafter. In no event shall the adult recipient
participate in welfare-to-work activities less than the required
hours of participation under Section 407 of the federal Social
Security Act (42 U.S.C. Sec. 607) and any subsequent amendments
thereto, for the entire time period on aid. A county retains the
option to require all recipients or individual recipients to
participate in welfare-to-work activities in excess of the minimum
number of hours specified in this subdivision, up to 32 hours each
week.
(b) Unless otherwise exempt, an adult recipient who is an
unemployed parent, as defined in Section 11201, shall participate in
at least 35 hours of welfare-to-work activities each week that will
meet the required hours of participation under Section 407 of the
federal Social Security Act (42 U.S.C. Sec. 607) and any subsequent
amendments thereto. However, both parents in a two-parent assistance
unit may contribute to the 35 hours, if provided in federal law as
meeting the federal work participation requirements and if at least
one parent meets the federal one-parent work requirement applicable
on January 1, 1998. To be eligible for federally funded child care
under Article 15.5 (commencing with Section 8350) of Chapter 2 of
Part 6 of the Education Code, both parents shall participate in work
activities that will meet the required hours of participation under
Section 407 of the federal Social Security Act (42 U.S.C. Sec. 607)
and any subsequent amendments thereto.
SEC. 2. Section 11322.95 is added to the Welfare and Institutions
Code, to read:
11322.95. Counties may provide community service activities
pursuant to Section 11322.9 through wage-based employment, subject to
the following conditions:
(a) Wages paid in community service employment shall be subject to
a disregard of ninety dollars ($90) per month for mandatory payroll
deductions and other work expenses instead of the income disregards
set forth in Section 11451.5.
(b) Wage-based community service employment shall not exceed one
year in duration.
(c) Participants in wage-based community service employment shall
be allowed reasonable sick leave and time off for state recognized
holidays, time for which shall be included in their work
participation hours.
(d) Participants in wage-based community service shall be
considered employees for all purposes, including the Fair Labor
Standards Act.
(e) When the hours of wage-based work result in fewer hours than
those required by the hourly participation requirements in Section
11322.8, counties may consider that the requirement is satisfied, or
may require other activities authorized under Section 11322.6 until
the hourly requirements are met.
SEC. 3. Section 11324.8 of the Welfare and Institutions Code is
amended to read:
11324.8. (a) At the time an individual applies for aid under this
chapter, or at the time a recipient's eligibility for aid is
determined, the county shall do all of the following:
(1) Provide the individual, in writing and orally as necessary,
with at least the following program information:
(A) A general description of the education, employment, and
training opportunities and the supportive services available,
including transitional benefits.
(B) A description of the exemptions from required participation
provided under this article and the consequences of a refusal to
participate in program components, if not exempt.
(C) A description of the responsibility of the participant to
cooperate in establishing paternity and enforcing child support
obligations, and to assist individuals in establishing paternity and
obtaining child support as a condition of eligibility.
(D) A description of the right to contest the terms of a
welfare-to-work plan, as described in subdivision (d).
(2) Determine whether the individual is required to participate in
the program provided under this article.
(b) At the time an individual is required to participate pursuant
to this article, he or she shall receive a written preliminary
determination that he or she is a member of a targeted group, for
purposes of any applicable and operative federal Targeted Jobs Tax
Credit and California Jobs Tax Credit.
(c) Persons not required to participate may volunteer to
participate.
(d) An applicant for, or a recipient of, aid who is dissatisfied
with the provisions of the welfare-to-work plan may seek redress
through the independent assessment process, as described in
subdivision (c) of Section 11325.4 or the state hearing or county
grievance process, as described in Section 11327.8.
SEC. 4. Section 11325.21 of the Welfare and Institutions Code is
amended to read:
11325.21. (a) Any individual who is required to participate in
welfare-to-work activities pursuant to this article shall enter into
a written welfare-to-work plan with the county welfare department
after assessment as required by subdivision (b) of Section 11320.1,
except as provided for in Section 11320.3. The plan shall include
the activities and services that will move the individual into
employment.
(b) The county shall allow the participant three working days
after completion of the plan or subsequent amendments to the plan in
which to evaluate and request changes to the terms of the plan.
(c) The plan shall be written in clear and understandable
language, and have a simple and easy-to-read format.
(d) The plan shall contain at least all of the following general
information:
(1) A general description of the program provided for in this
article, including available program components and supportive
services.
(2) A general description of the rights, duties, and
responsibilities of program participants, including a list of the
exemptions from the required participation under this article, the
consequences of a refusal to participate in program components, and
criteria for successful completion of the program.
(3) A description of the grace period required in paragraph (5) of
subdivision (b) of Section 11325.22 and of the right to
evaluate and request changes in the terms of the plan within three
working days, as provided in subdivision (b) .
(4) A description of the right to contest the terms of the
welfare-to-work plan through an independent assessment, as provided
in Section 11325.4, and by the state hearing or county grievance
process, as described in Section 11327.8.
(e) The plan shall specify, and shall be amended to reflect
changes in, the participant's welfare-to-work activity, a description
of services to be provided in accordance with Sections 11322.6, and
11322.8 as needed, and specific requirements for successful
completion of assigned activities including required hours of
participation.
The plan shall also include a general description of supportive
services pursuant to Section 11323.2 that are to be provided as
necessary for the participant to complete assigned program
activities.
(f) Any assignment to a program component shall be reflected in
the plan or an amendment to the plan. The participant shall maintain
satisfactory progress toward employment through the methods set
forth in the plan, and the county shall provide the services pursuant
to Section 11323.2.
(g) This section shall not apply to individuals subject to Article
3.5 (commencing with Section 11331) during the time that article is
operative.
SEC. 5. Section 11325.23 of the Welfare and Institutions Code is
amended to read:
11325.23. (a) (1) Except as provided in paragraph (2), any
student who, at the time he or she is required to participate under
this article pursuant to Section 11320.3, is enrolled in any
undergraduate degree or certificate program that leads to employment
may continue in that program within the time period specified in
subdivisions (a) and (d) of Section 11454 if he or she is making
satisfactory progress in that program, the county determines that
continuing in the program is likely to lead to self-supporting
employment for that recipient, and the welfare-to-work plan reflects
that determination.
(2) Any individual who possesses a baccalaureate degree shall not
be eligible to participate under this section unless the individual
is pursuing a California regular classroom teaching credential in a
college or university with an approved teacher credential preparation
program.
(3) (A) Subject to the limitation provided in subdivision (f), a
program shall be determined to lead to employment if it is on a list
of programs that the county welfare department and local education
agencies or providers agree lead to employment. The list shall be
agreed to annually, with the first list completed no later than
January 31, 1998. By January 1, 2000, all educational providers
shall report data regarding programs on the list for the purposes of
the report card established under Section 15037.1 of the Unemployment
Insurance Code for the programs to remain on the list.
(B) For students not in a program on the list prepared under
subparagraph (A), the county shall determine if the program leads to
employment. The recipient shall be allowed to continue in the
program within the time period specified in subdivisions (a) and (d)
of Section 11454 if the recipient demonstrates to the county that the
program will lead to self-supporting employment for that recipient
and the documentation is included in the welfare-to-work plan.
(C) If participation in educational or vocational training, as
determined by the number of hours required for attendance at or
preparation for classroom, laboratory, or internship
activities, is not at least 32 hours, the county shall require
concurrent participation in work activities pursuant to subdivisions
(a) to (j) (r) , inclusive, of Section
11322.6 and Section 11325.22. Preparation time shall be
presumed to be two hours of study for each hour of instruction.
(D) If an individual is enrolled in an education or training
program at the time he or she is required to participate under this
article and the county determines that the individual's
welfare-to-work plan should contain other activities instead of the
education or training program, the county shall notify the individual
in writing of its determination and inform the individual of the
right to appeal the decision pursuant to any available procedure,
including the right to a third party assessment under subdivision (c)
of Section 11325.4. This subdivision is declaratory of existing
law.
(b) Participation in the self-initiated education or vocational
training program shall be reflected in the welfare-to-work plan
required by Section 11325.21. The welfare-to-work plan shall provide
that whenever an individual ceases to participate in, refuses to
attend regularly, or does not maintain satisfactory progress in the
self-initiated program, the individual shall participate under this
article in accordance with Section 11325.22.
(c) Any person whose previously approved self-initiated education
or training program is interrupted for reasons that meet the good
cause criteria specified in subdivision (f) of Section 11320.3 may
resume participation in the same program if the participant
maintained good standing in the program while participating and the
self-initiated program continues to meet the approval criteria. The
county shall adjust the completion date of the program, accounting
for the time of absence to allow the participant a cumulative
timeframe outlined in subdivision (a).
(d) Supportive services reimbursement shall be provided for any
participant in a self-initiated training or education program
approved under this subdivision. This reimbursement shall be
provided if no other source of funding for those costs is available.
Any offset to supportive services payments shall be made in
accordance with subdivision (e) of Section 11323.4.
(e) Any student who, at the time he or she is required to
participate under this article pursuant to Section 11320.3, has been
enrolled and is making satisfactory progress in a degree or
certificate program, but does not meet the criteria set forth in
subdivision (a), shall have until the beginning of the next
educational semester or quarter break to continue his or her
educational program if he or she continues to make satisfactory
progress. At the time the educational break occurs, the individual
is required to participate pursuant to Section 11320.1. The time
spent in the educational program shall count towards the time limits
and community service requirements established for recipients in
Sections 11320.1 and 11454. A recipient not expected to complete the
program by the next break may continue his or her education under
the timelines in subdivision (a), provided he or she transfers at the
end of the current quarter or semester to a program that qualifies
under that subdivision, the county determines that participation is
likely to lead to self-supporting employment of the recipient, and
the welfare-to-work plan reflects that determination.
(f) Any degree, certificate, or vocational program offered by a
private postsecondary training provider shall not be approved under
this section unless the program is either approved or exempted by the
appropriate state regulatory agency and the program is in compliance
with all other provisions of law.
SEC. 6. Section 11477.02 of the Welfare and Institutions Code is
amended to read:
11477.02. Prior to referral of any individual or recipient, or
that person's case, to the district attorney for child support
services under Section 11350.1 or 11475.1, the county welfare
department shall determine if an applicant or
, recipient , or former recipient with welfare arrearages
has good cause for noncooperation, as set forth in Section
11477.04. If the applicant or recipient claims a good cause
exception at any subsequent time to the county welfare department or
the district attorney, the district attorney shall suspend child
support services until the county welfare department determines the
good cause claim, as set forth in Section 11477.04. If good cause is
determined to exist, the district attorney shall suspend child
support services until the applicant or recipient requests their
resumption, and shall take such other measures as are necessary to
protect the applicant or recipient and the children. If the
applicant or , recipient , or
former recipient with welfare arrearages is the parent of the
child for whom aid is sought and the parent is found to have not
cooperated without good cause as provided in Section 11477.04, the
applicant's or recipient's family grant shall be reduced by 25
percent for such time as the failure to cooperate lasts.
SEC. 7. Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code. If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.